Kedudukan Joint-Tenancy dan Kepentingannya dalam Pemilikan Rumah Menurut Perspektif Undang-Undang Islam dan Sivil di Singapura

Abstract

Joint-Tenancy (Co-ownership) is the concept of joint ownership of property, each owner has equal rights regardless of personal contributions. When the death of one of the owners, the right of the deceased will be automatically transfered to the joint-tenant who is a live, eventhough the deceased has wasisat. The problem is, this concept contradicts with the sharia. This article discusses the application of the Joint-Tenancy concept in Singapore and its position from the Islamic and Civil law perspective, focusing more on the Joint-Tenancy practices in HDB property ownership, while other types of property discussed in general. The primary data resources of Joint-Tenancy practices obtained through interviews authoritative individual in MUIS, legal experts, references to statutes and reported cases related subjects. While, data issues on fiqh, reference is made to heritage books in fiqh, usul al-fiqh, tafsir and hadith. As a result, this paper highlights the concept of Joint-Tenancy Sharia-compliant in Islamic estate planning appropriate implemented in the local context.